State attacks education law

HARTFORD (AP) - The state of Connecticut filed a federal lawsuit Monday challenging President Bush's No Child Left Behind law, becoming the first state to fight the education reform law in court.

The lawsuit argues the law is illegal because it requires expensive standardized tests and other school programs it doesn't pay for. It asks a federal judge to declare state and local money can't be used to meet the law's goals.

"Our message today is give up the unfunded mandates, or give us the money," said Attorney General Richard Blumenthal.

The legal action is the latest chapter in a heated fight between Connecticut and the federal government over standardized testing.

Connecticut currently tests students in grades four, six and eight. But, under No Child Left Behind, the state is required to start testing children in grades three, five and seven this school year.

State education officials say they already know minority and poor children don't perform as well as their wealthy, white peers, and that additional tests aren't going to tell them more.

The federal government cites annual testing as a cornerstone of the law, and U.S. Education Secretary
Margaret Spellings
has repeatedly denied requests from the state for more flexibility.

"Unfortunately, this lawsuit sends the wrong message to students, educators and parents," said
Susan Aspey
, a department spokeswoman. "The funds have been provided for testing, but Connecticut apparently wants to keep those funds without using them as intended."

Education Commissioner

Betty Sternberg
said the state has every intention of complying with the law while the court decides the merits of the state's arguments.

"I think that we're at the point where we can't do these discussions anymore on the phone or in the conference room," said Sternberg. "We really are at the point where they need to be worked out in a different venue, and that's in the court."

Republican Gov.
M. Jodi Rell
, who for months urged the state to settle its differences through negotiation, recently joined the chorus of state teachers, superintendents, lawmakers and parents voicing support for the lawsuit. She recently signed a bill allowing Blumenthal to bring the action on behalf of the
General Assembly
.

"We in Connecticut do a lot of testing already, far more than most other states. Our taxpayers are sagging under the crushing costs of local education. What we don't need is a new laundry list of things to do - with no new money to do them," Rell said.

The lawsuit's chief claim focuses on a single statement in the 2001 law that says states and districts will not have to spend their own money to meet its requirements. Connecticut also has a state statute that prohibits using state resources to implement the law.

The federal government is providing Connecticut with $5.8 million this fiscal year to pay for the testing, Sternberg said.

She estimates federal funds will fall $41.6 million short of paying for staffing, program development, standardized tests and other costs associated with implementing the law through 2008.

The state is not the first to sue in response to No Child Left Behind. The
National Education Association
, a national teacher's union, filed a lawsuit last spring on behalf of local districts and 10 state union chapters, including Connecticut. Though Blumenthal expressed hope that other states would join his lawsuit, so far, they have not.

Legislatures will watch Connecticut's lawsuit carefully, said
Jack Jennings
, president of the Washington, D.C.-based
Center on Education Policy
. Policy experts expect some states, including Maine, could vote to join the lawsuit or file their own.

"It is an interesting case," he said. "It's interesting because a judge has to consider the fact that this is a state that's suing. It's not a school district. It's not a teacher's union. It's the state of Connecticut. So that adds a lot more gravity to the lawsuit."

Connecticut officials say they will go forward with or without the support of other states.

"If there's a bully on the playground, it often takes one brave soul to step forward and stand up to the bully," said Rep.
Andrew Fleischmann
, D-West Hartford, co-chairman of the legislature's
Education Committee
.